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HomeMy WebLinkAboutZA2014-047 - A minor use permit to authorize a Type 20 (Off-Sale Beer and Wine) and a Type 42 (On-Sale Public Premise) alcoholic beverage license for ancillary wine tasting at a 1,596-square-foot retail gourmet sh - 4251 Martingale Way RESOLUTION NO. ZA2014-047 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2014-023 FOR A TYPE 20 (OFF-SALE BEER AND WINE) AND TYPE 42 (ON-SALE PUBLIC PREMISE) ALCOHOLIC BEVERAGE CONTROL LICENSE LOCATED AT 4251 MARTINGALE WAY (PA2014-100) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Solo Noi, Inc., with respect to property located at 4251 Martingale Way, and legally described as Parcel 1 of Resubdivision No. 0395 being Lot 2 of Tract 7770, recorded in Book 299, Pages 15 & 16 of Miscellaneous Maps, records of Orange County, California, requesting approval of a minor use permit. 2. The applicant proposes a minor use permit to authorize a Type 20 (Off-Sale Beer and Wine) and a Type 42 (On-Sale Public Premise) alcoholic beverage license at a gourmet food shop. The conditional Type 42 license will allow the addition of tasting and pairing classes as an accessory use. No late hours (after 11:00 p.m.) are proposed. 3. The subject property is located within the General Commercial Site 6 sub-area of the PC- 11 (Newport Place Planned Community) Zoning District and the General Plan Land Use Element category is MU-H2 (Mixed-Use Horizontal). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on December 23, 2014, in the Corona del Mar Conference Room (Bay E-First Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. 2. The proposed project involves the addition of beer and wine sales (accessory use) to an existing establishment. No other physical changes to the establishment are proposed. Therefore, the use qualifies for a categorical exemption under Class 1. Zoning Administrator Resolution No. ZA2014-047 Page 2 of 10 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a minor use permit are set forth: Finding A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding 1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The addition of beer and wine is intended for the convenience of patrons wishing to partake in tasting and/or pairing classes taking place within the tenant space. Operational conditions of approval recommended by the Police Department relative to the service of beer and wine for tasting only will ensure compatibility with the surrounding uses and minimize related impacts. 2. Due to the high concentration of commercial land uses, the calls for service, number of arrests, and crime rate are greater than adjacent Reporting Districts; however, the Newport Beach Police Department does not consider the number significant given the type of development within this Reporting District. 3. The proposed use is not located in close proximity to residential development, day care centers, park and recreation facilities, places of religious assembly, and schools. The addition of a conditional Type 42 license, coupled with the limited hours of operation, is not considered or anticipated to be detrimental to the surrounding development. In accordance with the Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the Police Department has reviewed the minor use permit application and has added conditions to ensure that the design and security of the tasting/preparation areas within the existing retail store are properly addressed. 4. The provision of off-sale beer and wine in conjunction with beer and wine tasting and/or pairing classes to the designated area within the tenant space will not substantially change the operational characteristics. The use authorized by this permit is not a bar, tavern, cocktail lounge, nightclub or an establishment where live entertainment or dancing is provided. Prohibition of these uses or activities will minimize potential land use conflicts, nuisances and police intervention. 5. The restaurant is located within a commercial area that is occupied by a mixture of retail, service, and eating and drinking establishments. 6. There are three comparable establishments in the City, which provide wine tasting as an amenity to patrons. The beer and wine licenses requested are the same as those 05-20-2014 Zoning Administrator Resolution No. ZA2014-047 Page 3 of 10 obtained for said establishments and there is no evidence suggesting these uses have been detrimental to the neighborhood. 7. The gourmet shop is permitted in the PC-11 (Newport Place Planned Community) Zoning District. The off-sale and on-site consumption of beer and wine provides a public convenience by allowing the tasting of beer and wine for sale in addition to specialty food items offered for sale. In accordance with Section 20.52.020.F (Conditional Use Permits and Minor Use Permits, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a minor use permit are set forth: Finding B. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding 1. The property is designated MU-H2 (Mixed-Use Horizontal) by the Land Use Element of the General Plan. The MU-H2 designation applies to properties located in the Airport Area. It provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed-use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. The gourmet food shop is designated as a restaurant use with accessory wine tasting and is consistent with that designation. 2. The subject property is not part of a specific plan area. Finding C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding 1. The gourmet food shop is consistent with the General Commercial Site 6 Sub-Area of the PC-11 (Newport Place Planned Community) Zoning District, which is intended to provide for areas appropriate for a range of retail, office, and service uses such as home and office furnishings, athletic clubs, nurseries, and home improvement stores. A gourmet food shop designated for restaurant use with off-sale beer and wine sales and on-site tastings is allowed upon the approval of a minor use permit by the Zoning Administrator. 05-20-2014 - Zoning Administrator Resolution No. ZA2014-047 Page 4 of 10 2. The proposed off-sale beer and wine sales and associated tasting and/or pairing classes are considered accessory to the restaurant use. Sufficient parking is available in the parking pool to accommodate the establishment as a restaurant use with eight required parking spaces. 3. The proposed conditions of approval ensure that potential conflicts with surrounding land uses are minimized to the greatest extent possible or eliminated. Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding 1. As conditioned, the tasting and/or pairing classes must occur during regular business hours and end by 10:00 p.m., daily. 2. The operational conditions of approval recommended by the Police Department relative to the sale of beer and wine will ensure compatibility with the surrounding uses and minimize related impacts. The project has been conditioned to ensure the welfare of the surrounding community so that the business remains a market with accessory dining and does not become a bar or tavern. The project has been conditioned so that no dancing or live entertainment will be permitted on the premises. 3. The restaurant is required to comply with the California Building Code and requirements of the Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees within the market. Finding E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and Facts in Support of Finding 1. The project site is located within an existing multi-tenant commercial building. 2. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing infrastructure. 4. The tenant improvement for a change of occupancy for the existing retail store and related food preparation area was reviewed for compliance with all Building, Public Works, and Fire Codes. Building permits will be required for the addition of the wine tasting area within the restaurant area. 05-20-2014 Zoning Administrator Resolution No. ZA2014-047 Page 5 of 10 4. All ordinances of the City and all conditions of approval will be complied with. Finding F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger,jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The project has been reviewed and subjected to conditions of approval including limited hours of operation to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute nuisance areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. As conditioned, the owners, managers and employees selling beer and wine shall undergo and successfully complete a certified training program in responsible methods and skills for selling beer and wine. 3. The addition of off-sale and on-sale beer and wine for the purpose of conducting tasting classes is accessory to the retail/restaurant use and the establishment is prohibited from becoming a bar, lounge, or nightclub. 4. As conditioned, the hours of operation from 7:00 a.m. to 10:00 p.m., daily will preclude nuisances to the nearby residential properties. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2014-023 (PA2014-100), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 05-20-2014 Zoning Administrator Resolution No. ZA2014-047 Pa e6of10 PASSED, APPROVED AND ADOPTED THIS 23RD DAY OF DECEMBER, 2014. re d Wisneskl, Al P, Zoning Administrator 05-20-2014 Zoning Administrator Resolution No. ZA2014-047 Page 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan and floor plan dated with this date of approval. (Except as modified by applicable conditions of approval.) 2. This minor use permit may be modified or revoked by the Zoning Administrator upon a finding of failure to comply with the conditions set forth in Chapter 20.52 (Permit Review Procedures) of the Municipal Code, other applicable conditions, regulations governing beer and wine service, or should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 3. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans as they relate to beer and wine sales, shall require an amendment to this minor use permit or the processing of a new use permit. 4. Minor Use Permit No. UP2014-023 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Zoning Code, unless an extension is otherwise granted. 5. Should the beer and wine license be transferred, any future license holders, operators or assignees shall be notified of the conditions of this approval by either the current licensee, business operator, or the leasing company. Future licensees, operators or assignees shall submit, within 30 days of transfer of the beer and wine license, a letter to the Planning Division acknowledging their receipt and acceptance of the limitations, restrictions and conditions of approval of this minor use permit. 6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this minor use permit. 8. A building permit shall be obtained for all new improvements related to the tasting room including but not limited to a sliding partition door and new counter. 9. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the change from general commercial to restaurant use in accordance with Chapter 15.38 of the Newport Beach Municipal Code. The applicant shall be credited for the 05-20-2014 Zoning Administrator Resolution No. ZA2014-047 Page 8 of 10 reduction in general commercial square footage and the remaining balance shall be charged or credited to the applicant. 10. The types of beer and wine license issued by the California Board of Alcoholic Beverage Control shall be a Type 20 (Off-sale Beer and Wine) and a Type 42 (On- Sale Beer and Wine for Public Premises) in conjunction with the principal retail/restaurant use. 11. Individual servings of alcoholic beverages shall not exceed two ounces per glass or container. This condition shall not be construed as to prohibit a patron from sampling more than one glass and/or container of an alcoholic beverage for the purpose of comparative tasting(s). 12. The hours of operation for the business shall be from 7:00 a.m. to 10:00 p.m., daily. 13. The hours of operation for pairing and/or tasting shall be limited to the business hours for the establishment. Any increase in the hours of tasting and/or pairing classes shall be subject to the approval of an amendment to this minor use permit and may be subject to approval by the Zoning Administrator. 14. The interior net public area shall be limited to 662 square feet in area with a maximum of fourteen (14) seats within the establishment. 15. A total of eight parking spaces shall be required for the restaurant use. 16. The operation of pairing and/or tasting classes shall include a maximum of 20 patrons. Any increase in this number is subject to subsequent review by the Planning Division. 17. The beer and wine sales for the purpose of on-site tasting classes shall be limited to the rear retail sales room indicated on the approved floor plan. Any change in the operation of on-sale beer and wine sales or increase in the tasting area devoted to beer and wine sales for customers shall be subject to the approval of an amendment to this minor use permit issued by the Zoning Administrator. 18. No exterior amplified music, public address speakers, outside paging system, loudspeaker, sound system, or other noise generating device shall be utilized. 19. The operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the beer and wine outlet and adjacent properties during business hours, if directly related to the patrons of the subject beer and wine outlet. If the operator fails to discourage or correct nuisances, the Zoning Administrator may review, modify, or revoke this minor use permit in accordance with Chapter 20.54 (Permit Implementation, Time Limits, and Extensions) of the Zoning Code. 20. The area outside of the establishment shall be maintained in a clean and orderly manner. The exterior of the business shall be maintained free of litter and graffiti at all 05-20-2014 Zoning Administrator Resolution No. ZA2014-047 Page 9 of 10 times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. The operator of the use shall be responsible for the clean-up of all on-site and off-site trash, garbage and litter generated by the use. 21. All trash shall be stored within designated trash enclosures for the center. 11 22. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the II Barone Bottega Minor Use Permit including, but not limited to, Minor Use Permit No. UP2014- 023 (PA2014-100). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Police Department Conditions 23. Approval does not permit II Barone Bottega to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a conditional use permit. 24. Alcohol service shall not be permitted at the exterior of the establishment. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 25. The petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 26. There shall be no dancing and/or live entertainment allowed on the premises. 27. Strict adherence to maximum occupancy limits is required. 28. All owners, managers, and employees selling beer and wine shall undergo and successfully complete a certified training program in responsible methods and skills for selling beer and wine. The certified program must meet the standards of the 05-20-2014 Zoning Administrator Resolution No. ZA2014-047 Page 10 of 10 California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 29. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of beer and wine, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 05-20-2014